43- - opinion 489 F.2d 752 (2d Cir 1974). Section 262 provides that no deduction shall be allowed for personal expenses. First, petitioners contend that they are entitled to a deduction for 1990 of a $10,370.80 legal fee paid to an attorney in 1989 for representing Mrs. Oliver in a criminal case which arose out of her bookkeeping business. Respondent does not question that the legal fee is a properly deductible business expense under section 162(a). See Commissioner v. Tellier, 383 U.S. 687 (1966), which allowed a deduction under section 162(a) for amounts the taxpayer spent in defense of criminal charges which arose out of his business. Respondent contends, however, that because petitioners are cash method taxpayers, the amount was deductible only in 1989 when it was paid. Section 461(a) provides that deductions shall be taken for the taxable year which is the proper taxable year under the method of accounting used in computing taxable income. Section 1.461-1(a)(1), Income Tax Regs., provides that under the cash method of accounting, amounts representing allowable deductions shall generally be deducted in the taxable year in which such amounts are paid. Petitioners argue that, even though the legal expenses were paid in 1989, they were not incurred until 1990, which is the year in which the legal services were performed, and thus they should be allowed a deduction in 1990. They offered no evidencePage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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